Narendra Kumar Jain, J.@mdashHeard learned Counsel for both the parties.
2. Applicant has preferred this petition for transfer of matrimonial case No. 45/2009 instituted by Respondent u/s 9 of the Hindu Marriage Act in the court of Addl. District Judge, Neem Ka Thana to any family court at Jaipur.
3. It is submitted on behalf of Petitioner that she is a lady having two children, Respondent is already facing two cases at Jaipur i.e. Criminal Case u/s 498A IPC and application u/s 12 of the Domestic Violence Act. Therefore, it will not be difficult for the Respondent to attend third case also at Jaipur. Therefore, it will be in the interest of justice to transfer the above case at Jaipur.
4. Learned Counsel for the Respondent opposed the transfer application and submitted that there is no reasonable ground for transfer of the case. Therefore, transfer application be dismissed.
5. I have considered the submissions of the learned Counsel for the parties. Respondent has not disputed that Petitioner is having two children with her, he is already facing criminal trial u/s 498A IPC and another application u/s 12 of the Domestic Violence Act at Jaipur. Since Respondent is attending two cases at Jaipur, therefore, he can get the same date in the present case also at Jaipur, which is fixed in other cases.
6. In these circumstances, I think it fit and proper to transfer the above case from Neek Ka Thana to Jaipur.
7. Consequently, transfer application is allowed. Matrimonial Case No. 45/2009 pending in the court of Addl. District Judge, Neem Ka Thana is transferred to the Family Court No. 1, Jaipur City, Jaipur. Both the parties are directed to appear before Family Court No. 1, Jaipur City, Jaipur on 13th December, 2010.
8. A copy of this order may be sent to both the concerned courts for information and compliance.
9. Since transfer application itself has been allowed, therefore, this stay application also stands disposed off.
